2012 issue 1

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Volume 21, issue 1

Case report

Legal doubts concerning psychiatric hospitalization of a totally legally incapacitated patient – case report

Maciej Wójcik1, Beata Trędzbor1, Krzysztof Kucia1
1. Katedra i Klinika Psychiatrii i Psychoterapii, Śląski Uniwersytet Medyczny, Katowice
Postępy Psychiatrii i Neurologii 2012; 21(1): 67–69
Keywords: total legal incapacitation, consent to psychiatric hospitalization

Abstract

Objective. To present doubts concerning legality of consent to psychiatric hospitalization expressed by a totally incapacitated patient.
Case report. The 38-year-old totally incapacitated female was brought to the admission room of a mental hospital because of physical violence used against her by her father (who was also her legal guardian). In 1998 the patient motioned the court for a change of her legal guardian, however, her claim has never been processed. Due to the ensuing legal doubts, an application was fi led in the guardianship court to establish whether the patient's admission to the psychiatric ward had been legal. The proceedings revealed a number of irregularities.
Commentary. Total legal incapacitation is not always in the best interest of the patient. Inadequate control over the legal guardianship system may lead to malpractice.

Address for correspondence:
Dr Maciej Wójcik
Oddział Psychiatrii i Psychoterapii GCM im. prof. L. Giecia SPSK nr 7 SUM
ul. Ziołowa 45/47 40-635 Katowice-Ochojec
tel. 32 359 80 11
e-mail: maciejwojcik@hotmail.com